State blasts Goodman's latest bid for new trial

John Goodman testifies in Palm Beach County Circuit Court on Dec. 18, 2012

March 15, 2013|By Marc Freeman, Sun Sentinel

Polo mogul John Goodman's latest attempt to toss out his DUI/manslaughter conviction and get a new trial — by accusing a prosecutor of misconduct — is "meritless," Florida Attorney General Pam Bondi's office argues in a recent filing.

Goodman's attorneys, in a Feb. 27 motion in the 4th District Court of Appeal in West Palm Beach, accused Assistant State Attorney Ellen Roberts of conflicts of interest that tainted Goodman's high-profile criminal trial a year ago.

The state's March 7 response defends Roberts and opposes the bid by Goodman for a new hearing in Palm Beach County Circuit Court. Goodman, 49, is on house arrest at his Wellington mansion on a $7 million bond as his attorneys seek to overturn his conviction by a jury and 16-year prison sentence for the death of Scott Wilson, 23.

While denouncing Goodman's "assault" against Roberts, the state contends the appellate court should proceed with its review of Goodman's previously submitted appeal. That challenge focused on allegations of juror misconduct because of a drinking experiment by juror who wrote a book about the trial, as well as claims of errors by Circuit Judge Jeffrey Colbath.

The 4th District Court of Appeal "should not relinquish jurisdiction to conduct a misguided attack against the prosecutor in this case," Bondi and Assistant Attorney General Richard Valuntas wrote.

Goodman's defense team, led by attorney Roy Black, of Miami, claim Roberts — while serving as the lead prosecutor on the Goodman case — reached out to Scott Smith, attorney for William Wilson: First, for his political connections concerning her application to become interim Palm Beach County state attorney; and second, for a job in Smith's law firm, Lytal, Reiter, Smith, Ivey & Fronrath of West Palm Beach, after her retirement.

These allegations come as a result of a recent review of Roberts' work emails, which purport to show Roberts soliciting letters of recommendation from Smith's brothers in law: U.S. Rep. Tom Rooney, R-Tequesta, and state Rep. Patrick Rooney, Jr., R-West Palm Beach.

Roberts is accused of offering Smith, in return, a "direct pipeline" to the prosecution of Goodman that aided Wilson's divorced parents' civil lawsuit against Goodman, the founder of International Polo Club Palm Beach and heir to a Texas manufacturing fortune.

The parents reportedly received a $40 million settlement from Goodman's insurance company before the trial.

"Justice, or at least the appearance of justice, is shattered when a prosecutor helps 'maximize' an attorney's financial recovery in a civil case using a criminal prosecution and then continue using the prosecution to secure a job with that same attorney," the motion stated.

But Roberts, who works part-time on personal injury cases for Smith's firm, has attacked the allegations as untruthful and having no bearing on the prosecution.

Legal observers, including a national expert on prosecutor misconduct, have told the Sun Sentinel it doesn't appear Goodman was wronged.

The state, which in December blasted Goodman's appellate claims, said the first problem with Goodman's recent motion is that it should be "rejected as untimely" because more than eleven months have elapsed since the jury found Goodman guilty. Such a motion for a new trial should have been made within 10 days of the March 23, 2012 verdict, the state's attorneys wrote.

Even if the measure was timely, it's without merit and misguided because Goodman can't prove he was "prejudiced" by Roberts, and he "has not even demonstrated how Ms. Roberts's actions qualify as "misconduct" under Florida law," the response stated.

"Appellant does not cite a single Florida case suggesting that Ms. Roberts's contact with Mr. Smith constituted misconduct by any way, shape, or form," the state said. The response also noted Roberts has known Tom Rooney for years since her daughter went to elementary school with him and Rooney wanted to help Roberts independent of Smith.

According to trial testimony, Goodman was speeding in his Bentley convertible at about 1 a.m. on Feb. 12, 2010 after socializing at two Wellington bars. He ran a stop sign and smashed into Scott Wilson's Hyundai at the intersection of 120th Avenue and Lake Worth Road. Wilson's car flipped into a canal, where he drowned.

Goodman testified at his trial that he was dazed from the crash and left the scene to make his way to a nearby barn with a "man cave" that had several bottles of liquor. Goodman told jurors he drank to ease the pain from his broken wrist. Three hours after the crash, Goodman's blood-alcohol level was measured at .177 percent, more than twice the .08 legal limit.

Roberts said she asked the judge for a 20-year prison sentence while the Wilson family wanted the maximum 30 years; and she agreed Goodman could stay out of prison during his appeal.

"If Ms. Roberts were truly prejudiced against appellant, she would have sought the maximum possible sentence in this case and opposed his request to remain free on appellate bond," argued Bondi and Valuntas.